Personal Injury

If you have been injured and it is someone else's fault, you may be able to file a personal injury lawsuit. Personal injury lawsuits are filed by people (or their representatives) injured due to the negligence of someone else. The injury may be either physical or emotional, and it can arise from a variety of sources or types of conduct. Some of the most common types of personal injury cases include slip and falls, automobile accidents, work injuries, dog bites, medical malpractice, and products liability. In general, the goal of a personal injury action is to determine who was responsible and to compel the responsible party to compensate the injured person or persons for the losses sustained. If you or someone you know has been injured by the careless actions of another, contact De Renzo Durrett, PLLC to find out how we can help you preserve your rights. We understand. We can help. Everything will be fine.

Personal Injury Damages

Injured parties (the "plaintiff") may be entitled to recover from responsible parties (the "defendant") for lost wages, past and future medical expenses, damages for both physical and emotional pain and suffering, and damages for disfigurement.

Other kinds of damages that may be awarded include damages awarded to compensate the plaintiff for the loss of enjoyment of activities that he or she once valued but can no longer participate in as a result of the injuries suffered. In addition, punitive damages may be awarded when the defendant’s conduct was particularly egregious and the court or jury determines that the defendant should be punished by paying an amount above and beyond the plaintiff’s actual damages. Punitive damage awards may also serve to deter others from engaging in similar wrongful conduct.

“Legal Causation” of Personal Injuries

Not every injured person is entitled to recover damages for the injury he or she sustains. Besides the injury, the person must also establish, through credible and relevant evidence, that the defendant is legally responsible for his or her injuries. This link is called "causation."

In some personal injury actions, legal causation may be established if the plaintiff can show that the defendant engaged in intentional conduct. This means that the wrongdoer intentionally or purposefully harmed the plaintiff or knew that the conduct in which he or she engaged gave rise to a substantial likelihood that harm would result.

Negligence and Strict Liability

Other personal injury actions are based on a looser concept of fault called negligence. Under the negligence theory, a defendant is held liable for the results of action, or inaction, when an ordinary person in the same position should have foreseen that the conduct would create an unreasonable risk of harm to others. Still other types of personal injury actions are based on strict liability, which is a no-fault system under which liability may be established regardless of the fault of the various parties, including the plaintiff. Strict liability may be applied in products liability cases, such as when a manufacturer or seller of a defective product puts that product into the hands of consumers and users of the product are injured.

The defendant can be held liable for actions taken or for actions not taken. A driver who fails to stop at a red light and hits another vehicle and injures the other driver or passengers is liable based on her negligent acts. A property owner who fails to clear the ice and snow from the front steps of a business open to the public may be liable for his inaction if a patron falls and breaks her leg when attempting to enter the premises.

Defenses to Liability in Personal Injury Cases

In some situations, the defendant’s conduct, while questionable, may not give rise to damages, or, there could be some other reason that the plaintiff is not able to recover for his or her damages.  

The following are possible defenses to personal injury claims.

• Statute of limitations. Statutes of limitations are laws setting forth the period within which the lawsuit must be initiated. (In Kentucky, this is generally one year from the date of the injury.) 
• Sovereign immunity. Sovereign immunity provides that certain government officials are immune from civil liability for their official conduct
• Intentional misuse. Injuries caused by a plaintiff's intentional misuse of a product may be a defense to liability in a products liability case
• Contributory or comparative negligence. Contributory or comparative negligence exists where the plaintiff’s own conduct caused or contributed to his or her injuries De Renzo Durrett can explain these and other defenses and determine whether they apply to a particular case.

Conclusion

Personal injury actions often require a lawyer’s careful examination of the surrounding facts and circumstances to determine whether the defendant is legally responsible for the plaintiff’s injuries. A personal injury attorney at De Renzo Durrett, PLLC can look at the facts of your case and determine whether you have a legally valid claim, how soon you must act to preserve your rights, the damages to which you may be entitled, and whether you may be entitled to some type of financial benefits before your lawsuit is even resolved.

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Insurance Claim Dos and Don'ts

When you need to make an auto insurance claim, you should proceed with care. Your actions may have a significant influence on the amount of compensation you receive. Contact an attorney from De Renzo Durrett, PLLC in Louisville, Kentucky, to learn more. We used to work for the insurance companies. We understand. We can help. Everything will be fine.

The Dos

DO consult an attorney for legal advice.

DO review your insurance policies to find out what is covered and what is excluded. 

• Make sure you bring a copy of your insurance policy to your initial consultation. The attorneys of De Renzo Durrett, PLLC may be able to help you locate additional coverages you did not know were available.

DO notify your insurance company right away after you are in a car accident.

• Prompt action may allow you to take advantage of  benefits available to you under your own policy.

DO take pictures if you can: of your vehicle, the accident site and your injuries.

• If you have taken pictures, bring them with you to your initial consultation. If you have not, the De Renzo Durrett, PLLC will be happy to assist you.

DO take notes when you speak with your insurance company. Make a record of the names, job titles and phone numbers of the representatives with whom you communicate. If you can, get the names of their supervisors, too. Note what you discussed and what you or the representative promised to do. 

• Once you have hired De Renzo Durrett, PLLC, we will take care of all future communications with the insurance company. Let us take care of it.

DO tell your attorney the truth. Not only does this save everyone a lot of time and effort, but questions of legal liability can be complex. If you fail to be forthcoming with your attorney, this could jeopardize your case.

DO investigate whether you have additional insurance coverage. Depending on the circumstances, supplemental coverage may come from another auto insurance policy, a homeowner’s policy or umbrella coverage.

• Bring your policy with you to your consultation, let De Renzo Durrett, PLLC do the work for you.

DO keep the receipts for money you’ve spent on car rental, medical bills and purchases made in connection with the motor vehicle accident.

DO make sure you’re aware of the difference between the replacement value of your car and what you actually owe on the car. If the car is totaled, most car insurance will cover only the cash value of your car at the time of the accident. You may owe more than that, however, on the loan or the lease of the car. Gap coverage makes up for this difference. Additional coverage is usually necessary for things like a special sound system in your car.

The Don'ts

DON’T accept the insurance company’s estimate of your losses and damages until you have a chance to fully explore the matter yourself. An attorney’s help can be valuable in determining whether the insurance company’s estimate is fair.

DON’T give the insurance company a recorded or written statement until you have contacted an attorney.

• It is important to be aware of the extent of your insurance coverage and your rights before you give a statement.

DON’T sign a release or waiver until you have gotten reliable legal advice. You may feel pressure to sign from your insurance company, but it is your right to explore your options. Just make sure that you take appropriate action within the time limit stated in your insurance policy.

DON’T accept a check from your insurance company — especially one that says “final payment” — unless you have obtained legal advice and carefully weighed your options.

Need a lawyer?

DO Consult an Attorney

Your insurance company is legally obligated to follow through on the terms of its contract with you. You have the right to make sure that happens. Contact an attorney who will offer you support, guidance and advocacy. Speak with a lawyer from De Renzo Durrett, PLLC in Louisville, Kentucky, to discuss your situation. We understand. We can help. Everything will be fine.

Why hire a personal injury attorney like De Renzo Durrett, PLLC?

When you’re injured, you need all the help you can get, and you need it as soon as possible. Unfortunately, that means that some injury victims pick the first attorney they find rather than making an informed choice. Before you hire a personal injury attorney, it’s important to educate yourself and find the right fit for you and your case. De Renzo Durrett, PLLC in Louisville is ready to get to work on your behalf. From settlement negotiations to the Kentucky court system, we’ll be there for you.

Experience Assessing Claims. Person injury attorneys are experienced with cases like yours and can tell you at the outset whether it is worth your while to pursue legal action. If you are unlikely to prevail, you will not need to incur the time and expense of preparing for litigation.

• The De Renzo Durrett, PLLC team in Louisville, Kentucky has a combined twenty years of experience working FOR the insurance companies. We are aware of all the roadblocks and questions that the insurance companies may raise to avoid paying you.

No Fees If You Don't Recover. On personal injury matters, personal injury attorneys, like De Renzo Durrett, PLLC in Louisville, Kentucky, generally work on a contingent fee, which means that if you do not win your case or reach a settlement, you will pay no attorneys' fees.

Red Tape. An experienced personal injury attorney can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.

• Let De Renzo Durrett, PLLC in Louisville, Kentucky deal with the hassle of dealing with the insurance company. You rest, recover, and get your life back.

Investigative Team. Experienced personal injury attorneys work with a team of investigators who have experience in specialized areas and will skillfully investigate the technical aspects of your case.

Objectivity. The personal injury attorneys at De Renzo Durrett, PLLC in Louisville, Kentucky can be more objective about your case than you can and will not make a rash decision. Whereas you may be tempted, for instance, to go for a quick payout, your attorney may counsel you that it is in your best interests to wait for a more appropriate offer.

Experience With Insurance Companies. Lawyers are also used to working with insurance companies and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount.

• Remember, the De Renzo Durrett team worked FOR the insurance companies before they went to work for you.

Settlements. Though the process is sometimes protracted, personal injury attorneys like De Renzo Durrett, PLLC in Louisville, Kentucky will work hard to reach the best possible settlements as early as possible in the litigation process.

Jury Verdicts. If a trial becomes necessary, De Renzo Durrett,  PLLC will zealously represent you in court and work toward achieving a jury verdict in your favor.

Need a lawyer?

De Renzo Durrett, PLLC in Louisville, Kentucky has the experience working for and with the insurance companies and members of the bar to help you get the money you deserve if you have been injured by someone else's carelessness. We understand. We can help. Everything will be fine.